PUBLIC LEASE USER AGREEMENT
This Public Lease Agreement (hereinafter referred to as the "Agreement”) is made and entered into, by and between PT ETTO LETTO GROUP, a legal entity registered under the laws of the Republic of Indonesia, domiciled in Badung Regency, Bali Province, whose articles of association are contained in the Deed of Establishment of a Limited Liability Company of PT ETTO LETTO GROUP Number: 57 dated 18-02-2021 with the latest Amendment Deed based on the Circular Resolution Number: 75 dated 27-05-2022 (hereinafter referred to as the "Lessor/Company") represented by the brand name COOTY owned by the Company represented by SERHII KRIACHEK, born in Ukraine on 31-07-1986, Ukraine Citizen, holder of Passport Number: FH374479, as the Director and You (hereinafter referred to as the "User") (jointly referred to hereinafter as the "Parties").
Whereas, in accordance with the provisions of the law of the Republic of Indonesia, the Parties enter into this Agreement, guided by the provisions of Articles 1338 (Freedom of Contract) and 1320 (Terms of Validity of the Agreement) of the Civil Code of the Republic of Indonesia.
Whereas this Agreement creates legal obligations for You, whereby if You do not agree with any of the terms of this Agreement, you should not complete the User Registration on the Website or in the Application, if You proceed to the Rent a TS, You acknowledge that You have carefully read and understood the terms of this Agreement by renting a TS with the Company and You agree to the terms and conditions of this Agreement.
Whereas the Parties agree that this Agreement is entered into in Bali, Indonesia with the acknowledgement The Minister of Transportation of Regulation Number 45 Year 2020 Concerning Specific Vehicles Using of Electric Motor.
Whereas, in consideration of the agreement described above, the Parties collectively agree as follows:
1. TERMS AND DEFINITIONS
For purposes of this Agreement, the following terms shall have the following meanings. Any terms in the Agreement that are not defined in this section, they have the meanings that are usually given to them in the relevant industry/field.
1.1 Application means the application “COOTY” is a software application for devices, which is the intellectual property of the Company, which provides the User with the possibility of Registration / Authorization, as well as (for a registered and authorized User) the ability to search for TS available for Rent.
1.2 Authorization of the User the implementation of a certain set of actions in the Application in order to identify the registered User for subsequent use of the Service through the Application
1.3 TS means an otoped that is a vehicle on two wheels driven by pushing off the ground with the foot in a standing position and with the help of an electric motor.
1.4 Approval means the Company or Lessor will only share User's personal data with Third Parties when we have obtained User's consent to do so. The User agrees that using of this Service will constitute User's approval and sharing of personal data will be subject to this Agreement, Privacy Policy and Terms of Use.
1.5 Registration of the User means the commission by the User, who is interested in using the Application and / or the Website, and the Lessor of a certain set of actions.
1.6 Tariffs means the TS rental rate displayed on the Website and/or in the Application with a nominal value of IDR. 2,500/minute.
1.7 Service/Rent means the Service provided of hire and rental of TS through the Applicable offered and the provision of electric scooters for temporary use by the Lessor for Users registered and authorized in the Application on the terms of this Agreement.
1.8 Gender References means all articles and clauses referred to in this Agreement apply equally to both male and females Users.
1.9 Support Service means a structural subdivision of the Company that provides 24 hours a day, seven days a week, without days off and holidays, consulting support for Users, assistance to Users and informing them in the process of providing the Service by the Lessor. Support and information are provided when the User contacts the Support Service through the Application.
1.10 Permitted Territory means the territory of use of the Service is within which the use of the TS is allowed such as Special Track and/or Limited Areas, as well as the completion of the lease of the TS.
1.11 User means an individual who meets the requirements of this Agreement, who has passed the Registration / Authorization procedures and unconditionally accepted this Agreement in accordance with its requirements.
1.12 User Agreement means a binding and unconditionally accepted by the User agreement with the Company, published on the Website and / or in the Application, which determines the conditions and procedure for using the Application by the User and payment of the Tariffs.
1.13 Website means cooty.id
2. CONSENT OF THE USER TO THE AGREEMENT
2.1 The conclusion of this Agreement between the Lessor and the User is carried out by joining the User to the conditions defined and set forth in this Agreement in accordance with Article 1338 of the Civil Code of the Republic of Indonesia.
2.2 The Agreement is considered concluded (the User is considered to have acceded to the Agreement) from the date of completion of the User Registration on the Website or in the Application and acceptance by the User of the terms of the Agreement.
2.3 By concluding and entering into this Agreement, the User declares, guarantees, and confirms that he:
a. speaks English at a level sufficient to read and understand the meaning and the condition of the Agreement and all Annexes to this Agreement;
b. has read the terms of the Agreement, understood the meaning and the terms and condition of these agreements and document, agrees with their content and undertakes to comply with the requirements established by them, and also understands all the consequences of their actions to join this Agreement and further use the Service;
c. agrees to processing and transfer of personal data of the User to the Company's Affiliates, organizations or partners of the Company (any Third Party) in connection with the Service which guarantees and has signed a confidentiality agreement of Users' personal data in accordance with this Agreement and the regulation of the Republic of Indonesia;
d. provided the Company during the Registration with complete, valid and reliable data (including personal data);
e. meets all the requirements imposed on him by this Agreement, in particular, he has a helmet for making trips, he has no contraindications for driving the relevant TS, his age is at least 18 (eighteen) years, he meets the requirements of the regulation of Indonesia to a person who has the right to drive TS. These requirements for the User are not exhaustive. The Lessor has the right not to conclude this Agreement with a person who does not meet the specified requirements, as well as if the Lessor has reason to believe that the User may violate this Agreement or the User Agreement;
f. is familiar with the user manual of the TS and agree with its requirements, as well as the prohibition of using the TS for the movement of two or more persons; prohibition to hold on to the handle for accessories when the scooter is moving; In the event that the TS user is 12 (twelve) years old to 15 (fifteen) years old, the TS user must be accompanied by an adult;
g. agrees with the placement in the TS of any equipment that allows tracking and fixing the exact coordinates of the TS, as well as violations of obligations under the Agreement by the User;
h. agrees that the amount of losses inflicted on the Lessor and/or the Company as a result of violation by the User of any of its guarantees and obligations under this Agreement is determined solely by the Lessor and/or the Company and at their discretion, and conditionally agrees to reimburse the Company and the Lessor for such losses. The amounts of fines and refunds are indicated on the Website;
i. agrees that this Agreement may be modified or revoked its terms (or portions thereof) at any time at the sole discretion of the Lessor by posting the differences on the Website and undertaking to independently monitor changes relevant to this Agreement without any notification. A new version of this Agreement or any amendments shall take effect from the moment it is posted on the Website or on the Application and replace the previous version;
j. agrees to receive from the Lessor any notifications, messages, information and mailings in any format, provided that their content complies with the requirements of the current legislation of Republic of Indonesia;
k. recognizes legal force for the documents sent by the Lessor through the Website, Application as for personally signed documents, for actions performed through the Website or Application;
l. recognizes that the means of identification used by the Company are sufficient to identify the person from whom the relevant documents and actions originate;
m. In this case, the rights and obligations under this Agreement arise directly between the User and the Lessor.
2.4 When using the Service and TS, the User undertakes to comply with the requirements of the current legislation of Republic of Indonesia, including traffic rules, parking rules provided for in clause 4.2.11 of the Agreement, as well as the terms of the Agreement, use the TS with due care and conscientiousness.
2.5 Familiarization with the terms of this Agreement must be made by the User before the start of using the Service, while the text of this Agreement will be available to the User on the Company's Website and / or in the Application. The User, who has not read the terms of the Agreement in a timely manner, assumes all the risks of the adverse consequences associated with this.
3. SUBJECT OF THE CONTRACT
3.1 The Lessor undertakes, in the manner specified by the Agreement, to provide the User with the TS for temporary possession and use at his request, generated through the Application, and the User undertakes to lease the TS in accordance with the requirements (conditions) of this Agreement, and pay the Tariffs, according to the Tariffs displayed on the Website and/or in the Appendix, and duly fulfill other terms of the Agreement.
3.2 Subject to clause 3.1. of this Agreement, the rights and obligations under the TS Rental arise solely between the User and the Lessor. The Company grants the User only a limited license to access the Application, in accordance with the User Agreement. The term of use shall determine in the Application or Website at the available time and date offered.
3.3 The Lessor is responsible for the quality of the TS rental services provided by the Lessor to the User.
3.4 The Lessor is not responsible for providing compensation to the user as a result of losing the user's personal belongings when using TS so the user is reminded to be careful when carrying their personal belongings and hereby the user declares full responsibility and releases the company for the risk of loss their personal belongings during the period of TS rental.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 User rights:
4.1.1 Require the Lessor to fulfill its obligations under the Agreement.
4.1.2 Use the Service, use the rented TS only in accordance with the terms of the Agreement and the requirements of the current legislation of the Republic of Indonesia.
4.2 User Responsibilities:
4.2.1 Accept in accordance with the terms of this Agreement and carefully use the TS in strictly in accordance with this Agreement and the Annexes, instructions and recommendations of the Lessor, including the Support Service, take all possible measures to prevent damage to the TS;
4.2.2 Ensure the safety of the TS and property attached to the TS;
4.2.3 When using the TS, comply with the Rules of the Road of Republic of Indonesia and other requirements of the current legislation of Republic of Indonesia;
4.2.4 Timely, in accordance with the terms of this Agreement, make any payments provided for by the Agreement, ensure the balance of funds on a bank card in an amount sufficient to make all payments provided for by this Agreement;
4.2.5 At the end of using the TS, the User is obliged to take 1 photo of the TS and place it in the Application;
4.2.6 Take appropriate measures to protect and keep confidential the information used for Authorization in the Application and / or on the Website, including the login and password, from unauthorized use by others and immediately inform the Company of the relevant information if such use is discovered. The User bears all risks of adverse consequences associated with the absence of such a message;
4.2.7 Use the Website, the Application only for personal non-commercial purposes, not related to the implementation of entrepreneurial activities by the User;
4.2.8 Independently monitor changes in the terms of this Agreement, as well as changes in the Permitted Territory of using the Service on the Website and / or in the Application. In case of disagreement with them, the User undertakes to immediately terminate this Agreement and stop using the Service;
4.2.9 Carry with You all the necessary permits, documents (including a passport, etc.) that the User may require in accordance with the current legislation of the Republic of Indonesia when using the Service;
4.2.10 Do not use any technology and do not take any actions that may harm the interests and property of the Lessor;
4.2.11 At the end of the Service/Rent of the TS, the User must comply with the parking rules and must leave all property attached to the TS in the correct place /areas and not in the prohibited areas that shall mean without blocking the exits from the building, entry and exit from the adjacent territories and without occupying a large space on the sidewalks (permitted parking zones are indicated on the map);
4.2.12 During the period of using TS, users will periodically receive notifications regarding the amount and remaining balance for using TS;
4.2.13 If the User’s remaining balance is insufficient to continue the trip with the aim that the User can park the TS in the permitted parking zone area according to the map, the User will receive a notification again that the autodebit will be implemented immediately with a mechanism if the funds in the User’s virtual account are insufficient, then the company is authorized to debit the remaining balance from the bank card linked by the User;
4.2.14 Auto debit, as stated in point 4.2.13, which will be applicable to the rental tarif, in the amount of IDR. 50.000 (fifty thousand rupiah) and will be auto debit continuously until the User can park the TS in the permitted parking zone area according to the map, so that after User receives additional usage balance from the auto debit the User is expected to park the TS in permitted parking areas;
4.2.15 If after the User has parked the TS in the permitted parking area there is an remaining usage balance, then the remaining usage balance originating from auto debit from both the User’s virtual account and bank card will be returned to the User’s virtual account where the remaining balance can be applied to further using of the TS.
4.2.16 Using TS services means that the User agrees, complies with and accepts the provisions regarding auto debit as mentioned in points 4.2.13 and 4.2.14, if the User disagrees regarding this matter, then the User is obliged to refrain from using the service TS.
4.2.17 The User is not entitled to dispose of the TS in any way (including sublease, pledge, sell, etc.), transfer his rights under this Agreement to any third parties, and also make any improvements/deteriorations in T / C, change any technical characteristics, mount (dismantle) any equipment, devices, carry out repairs (regardless of the degree of complexity) or organize its implementation by third parties, if such actions are not agreed with the Support Service;
4.2.18 In the event of an accident due to the fault of the User or the mutual fault of the User and another (other) participant (s) of the road traffic, as well as another case of damage, unconditionally and in full compensate the damage caused to the Lessor;
4.2.19 When using the Service, in a timely manner, independently and at its own expense, ensure that the account of the mobile phone and / or other Device of the User has sufficient funds to use the mobile Internet, as well as to make incoming and outgoing calls;
4.2.20 Comply with other provisions of the current legislation of the Republic of Indonesian, the provisions of this Agreement and the requirements of the Company and the Lessor.
4.3. Lessor's rights:
4.3.1. Require the User to fulfill obligations under the Agreement;
4.3.2. The User shall connect the bank card and virtual wallet, before starting to use the Application. To start using the TS, the user must unlock the TS which is subject to a fee of IDR. 5,000 (five thousand rupiahs) and then the User can choose to buy a travel package that is provided according to the User's needs at the lowest package price of IDR. 50.000 (fifty thousand rupiah), IDR. 150.000 (one hundred and fifty thousand rupiah) up to a maximum package price of IDR. 300.000 (three hundred thousand rupiah), the User can purchase packages repeatedly and continuously according to the User's needs for using the TS, after the package purchase is successful, the User can scan qr on the TS and start the journey.
4.3.3. Determine and at any time change the procedure and rules for using the Service and using the TS in compliance with the procedure provide for in this Agreement;
4.3.4. Conduct various promotional and marketing campaigns with the placement of the terms and conditions of such promotions on the Website and / or in the Application;
4.3.5. In case of suspicions of the User’s dishonesty (in particular, suspicions of an attempt to steal the TS, the impossibility of debiting funds for the services provided or the insufficiency of such funds, etc.), block the ability to use the Service in whole or in part;
4.3.6. Assign Your rights to collect debts incurred by the User under this Agreement to any third parties, in accordance with the current legislation of Indonesian without the consent of the User, but with the notification of the User of such assignment;
4.3.7. Make outgoing calls to the User and send voice and other notification messages containing information about the status of the debt, other information related to the provision of the Service, information about changes in the terms of the Agreement (including Tariffs), about new services, news, as well as advertising messages character to the User's mobile phone number specified during Registration (or to other numbers reported by the User to the Company under the terms of this Agreement), as well as send all of the above information to the email address specified during Registration (or to another email address provided by the User to the Company on terms of this Agreement);
4.3.8. Has the right to transfer rights and obligations under this Agreement to third parties for the purpose of executing this Agreement without additional consent of the User;
4.3.9. Has other rights established by the Agreement and arising from the essence of the obligations under the Agreement;
4.3.10. The Company is not responsible and is not responsible to the User for the quality, performance and technical malfunctions of the TS provided to the User by the Lessor. All claims regarding the quality of the TS leased must be addressed by the User directly to the Lessor.
5. PAYMENT PROCEDURE
5.1 For the use of the Service, the User pays the Lessor a fee based on the rates indicated on the Website and / or in the Application.
5.2 The calculation of the cost of using the Service, which occurs at the time of the change in the Tariffs, is made on the basis of the Tariffs in force at the time of the start of the provision of the corresponding service provided by the Service. The Company has the right to round up the total amount up to whole Indonesia Rupiah when calculating.
5.3 Payments under the Agreement are made by the Company debiting funds in favor of the Lessor from the User's bank card. The Company has the right to involve agents (payment systems) in the process of accepting payments. In the event of the formation of the User's debt to the Lessor or the Company, the latter have the right to make full or partial repayment of the specified debt at the expense of funds contributed by the User as a pledge and (or) deposit.
5.4 If the User successfully completes the Registration process on the Website and / or in the Application, the User must link (enter data) his bank cards to the Application (linking someone else's card leads to blocking the User, the User has the right to link only those bank cards, the holder of which he is, if of this condition, the User at his own expense reimburses all write-offs to the actual cardholder), from which funds will be debited against the payments provided for by the Agreement. It is allowed to use bank cards only of those payment systems that are indicated on the Website and / or in the Application, with the possibility of making Internet payments. The possibility of making Internet payments is provided by the User independently through the issuing bank of the bank card. Funds against payments stipulated by the Agreement from any cards linked by the User to the Service may be debited by the Company in case of insufficient funds or impossibility of debiting from the main bank card indicated (selected) and linked by the User to the Application.
5.5 In making payments using a bank card, the User may be denied in cases provided for by law and this Agreement, in particular, in the absence of a bank card option for making Internet payments; insufficient funds on a bank card; incorrect input of bank card data; expiration of a bank card, etc.
5.6 In the event that the User fails to fulfill the payment obligations stipulated by this Agreement (including this section of the Agreement), the Company has the right to send the relevant information (including the User's personal data) to the authorized bodies to bring the User to administrative responsibility.
5.7 In case of erroneous debiting of funds from the User's bank card, the User has the right to contact the Company at support@cooty.id. The Company has the right to require the User to provide a copy of the passport and documents confirming the erroneous write-off (account statements, etc.). The Company, no later than 10 (ten) working days, considers this appeal and takes measures on it, except for cases when the User's funds were debited in accordance with the Agreement. Refunds are made to the User's bank account from which the withdrawal was made within 30 (thirty) working days, unless a longer period is established by internal banking procedures. The procedure for the return of funds is governed by the rules of international payment systems. Cash refunds are not allowed.
5.8 The data of the Users' bank cards are stored directly by the agent of the Company for the collection of payments (payment systems). Payment is made in accordance with the Rules of Indonesia payment systems, with obligation to maintaining the confidentiality and security of making a payment using methods of verification, encryption and data transmission through closed communication channels is the responsibility of the Company's agent (payment system) directly. The Company does not accept and does not consider the User's claims that have arisen in connection with the violation by the Company's agent (payment system) of the above obligations.
5.9 Bonuses credited to the User's Bonus Account must be used by the Participant within 12 (twelve) months from the date of the Bonus Accrual Procedure. The specified period is not interrupted or suspended in the event of the Bonus Recovery Procedure. If the Bonuses were not used by the Participant within 12 (twelve) months or more from the date of their accrual, the Company conducts the Bonus Cancellation Procedure. The procedure for Cancellation of Bonuses under this paragraph of the Rules is carried out monthly after the month in which the period for using the Bonuses expired.
5.10 In case of termination by the User, termination on other grounds of this Agreement, 100% (one hundred percent) of the Bonuses accumulated on the Bonus Account will be cancelled.
5.11 If the User is excluded from the Bonus Program Participants, 100% (one hundred percent) of the Bonuses accumulated on the Bonus Account will be cancelled.
6. USER CONSENT
6.1 The User agrees to the storage, processing and cross-border transfer by the Company and the Lessor of his personal data provided by him (as well as received from any third parties): full name, contact details, including (but not limited to) phone number, email address, biometric data (photos), as well as other personal data related to the conclusion and execution of the Agreement and Service, and confirms that by giving such consent, he acts of his own free will and in his own interests.
6.2 Consent to the processing of personal data is given by the User for the purposes of concluding and executing the Agreement and Service, providing additional services by the Company, participating in promotions, surveys, research conducted by the Company (including, but not limited to conducting surveys, research via electronic, telephone and cellular communications), making decisions or performing other actions that give rise to legal consequences in relation to the User or other persons, providing the User with information about the services provided by the Company, providing consulting services by the Company, including for the purpose of further conclusion by the User of contracts/agreements with other persons in order to fulfill the Agreement, and applies to all the information specified in clause 6.1 of the Agreement.
6.3 The processing of the User's personal data is carried out by the Company in the amount necessary to achieve each of the above goals, in the following possible ways: collection, recording (including on electronic media), systematization, accumulation, storage, listing, marking, clarification (updating, changing ), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction, cross-border transfer of personal data, obtaining an image by photographing, as well as performing any other actions with the User's personal data subject to the current legislation of Indonesian. Processing is carried out both with the help of automation tools and/or without the use of such tools.
6.4 The User confirms that the consent given by him to the processing of personal data is valid indefinitely from the moment they are provided by the User to the Company and / or the Lessor.
6.5 The User has the right to withdraw his consent to the processing of personal data by sending an appropriate written notice to the Company at least 60 (sixty calendar) days before the withdrawal of consent, while the User acknowledges and understands that access to the use of the Service will not be provided by the Company from the moment when the Company has lost the ability to process the User's personal data.
6.6 The User acknowledges and confirms that if it is necessary to provide personal data to a third party (including authorized state bodies) in order to achieve the above goals, as well as when third parties are involved in the performance of work (rendering services) stipulated by the Agreement, the transfer by the Company of his functions and powers to another person (assignment, including for considering the possibility of assignment and making a decision on the assignment, debt collection, etc.), the Company has the right, without obtaining additional consent from the User, to the extent necessary to disclose information about the User personally for the above actions ( including personal data) to such third parties, their agents and other persons authorized by them, as well as to provide such persons with relevant documents containing such information, in compliance with the requirements of the legislation of Indonesian. In addition, if the User violates his obligations, the Company has the right to provide the User's personal data to any organizations that unite the interests of rental companies around the world and form lists of Users who systematically violate their obligations to rental companies. The presence of the User in these lists may serve as a basis for refusal by the rental companies to provide their services.
6.7 The User acknowledges and confirms that consent to the processing of the User's personal data is considered to be given by him to any third parties, subject to appropriate changes, and any such third parties have the right to process personal data on the basis of this consent.
6.8 The User acknowledges and confirms that in the event that the Company considers issues of assignment of rights under the Agreements concluded with the User, the consent to the transfer of his personal data and data about his Agreement to third parties - potential assignees for them to resolve the issue of concluding an assignment agreement with the Company - is considered provided by the User to the Company. In case of assignment of rights under this Agreement, the Company has the right to send notifications to the User about this. The User hereby agrees to receive any notification of the assignment made by the Company in accordance with this clause of the Agreement.
6.9 The User agrees to receive advertising messages from the Company containing advertisements for goods and services sold by the Company and/or its partners and/or other third parties to the email address and mobile phone number (including accounts linked to it in WhatsApp, Viber messengers , Telegram, etc.) specified by the User during the Registration process, as well as other email addresses and mobile phone numbers (including accounts linked to them in WhatsApp, Viber, Telegram, etc.) provided by the User to the Company in accordance with this Agreement. In the event that the User applies to the Company with a request to stop the distribution of advertising messages to him, the Company undertakes to immediately stop such distribution in relation to the User who made the relevant request.
6.10 The User consents to the debiting by the Company or, on his behalf, by an agent (payment system) attracted by him of funds from his bank card to pay off any payments provided for in this Agreement and its Annexes with the notification (as a reminder without obtaining additional consent from the User), is limited to but does not include, remuneration for the provision of the Service, fines, penalties, damages, expenses and expenses of the Company and the Lessor arising in connection with one of the parties failure to perform or improper performance of the Agreement, the amount of additional insurance, the amount of the deductible, other amounts in cases provided for by the current legislation of Indonesia and as a result of the Agreement being terminated that shall be obtain prior approval.
6.11 The User agrees that the Company will record the User's contacts (conversations) with the Support Service and provide such a record to third parties.
6.12 Unless as provided in this Agreement, Privacy Policy and Terms of Use, we may disclose or share User's personal data if the Lessor notifies the User and has obtained User's Consent for such disclosure and sharing.
7. RESPONSIBILITIES OF THE PARTIES
7.1 By accepting this Agreement, the User confirms that he has fully read these conditions and understood their content, that he agrees with the Agreement. The User bears full responsibility for the damage caused to third parties, their property as a result of using the TS. If it is impossible to operate the TS, the User is obliged to immediately inform the User Support Center about this and follow the instructions of the operator. The User is solely responsible for the damage caused to the TS, both during the Permitted Use Period and outside it, if the TS was not returned in a timely manner. A description of the types of violations of this Agreement, as well as penalties for them, is determined solely by the Lessor.
7.2 Failure to return the TS in accordance with the rules of this Agreement at the end of the rental period will be considered the loss of the TS until it is discovered. In case of loss of the TS, the User undertakes to compensate for the damage in the amount of the replacement cost of the TS according to the price list. Price list: Cooty.id. If the TS is found after the end of the rental period, the User undertakes to pay the cost of failure.
7.3 In case of theft of the TS before its return, the User undertakes to immediately inform the User Support Service about it, no later than 3 (three) hours from the moment of theft of the TS. In this case, the User must apply to the police with a statement about the theft of property and obtain an appropriate certificate from the police on the initiation of a criminal case or on the refusal to initiate a criminal case. The user must provide a copy of the certificate to the Company (User Support Service).
7.4 In case of detection of the TS, the Company or the Lessor shall return to the User the funds deducted from the User's bank card account in case of loss of the TS, minus the cost of damage to the detected TS, as well as the cost of using the TS. The Lessor returns to the User the money deducted from the User's bank card account in case of loss of the TS also in the case of providing the Company (User Support Service) or the Dealer with a certificate from the police.
7.5 In the event of a traffic or other accident involving the User on the TS, the User is obliged to immediately contact the User Support Service or the Dealer. In any case, the User remains responsible for the TS until it is returned or handed over to the Lessor's representative.
7.6 In the event of harm (damage) to the TS, the User is obliged to compensate the Lessor for the damage caused in the amount determined by the Lessor. If the User disagrees with the calculation made, he has the right to apply to the Lessor to resolve disputes in the manner prescribed by this Agreement.
7.7 The user undertakes to comply with the rules of the road. In the event of an accident due to the fault of the User or the mutual fault of the User and another (other) participant (s) of the road traffic, as well as another case of damage, unconditionally and in full compensate for the damage caused. The Lessor must ensure that the TS is suitable for use before hand over to the User and the User must sign the checking form.
7.8 In the event of a traffic or other accident involving the User, the User is obliged to immediately contact the User Support Service.
7.9 In the event of a traffic or other accident involving the User, the User is obliged to immediately contact the User Support Service. In any case, the User remains responsible for the Electric Scooter until the return.
7.10 The User is solely responsible for all administrative fines imposed on the User in connection with administrative offenses committed by him when using the Application according to the Annex I.
7.11 The User guarantees that he is physically able and allow to use the TS and has sufficient experience to drive within the locations specified by the Company. The User confirms that the data entered by him during the registration of the User is true, and that the User owns the bank card indicated during the registration of the User and the funds on the account of the specified bank card are sufficient to pay for the services of using the TS and the User undertakes to replenish the account of the specified card in the amount of sufficient to pay for the services of using the TS. The User hereby authorizes the issuing bank that issued the bank card specified during the registration of the User, as well as the processing center of the bank with which the Lessor/Company has concluded an acquiring agreement and/or the payment agent of the Lessor/Company to write off funds in the amount of the costs incurred.
8. FINAL PROVISIONS
8.1 Any correspondence, telephone and other conversations that took place before the conclusion of the Agreement shall lose legal force from the moment the Agreement is concluded.
8.2 Unless otherwise expressly provided in the Agreement, from the moment of conclusion of the Agreement, the Parties recognize the legal force of e-mails, including documents attached to them, sent by e-mail (e-mail addresses specified in the Agreement and the User's e-mail addresses specified during the Registration process), agree that these documents are equivalent to documents drawn up on paper and signed with the handwritten signature of the person concerned.
8.3 From the moment the Agreement is concluded, the Parties recognize the legal force for documents, messages and actions sent and performed respectively, through the use of the Application or the Website on behalf of the User, as well as using the phone number specified by the User during Registration.
8.4 If the User is outside the territory of Indonesia or if the User indicates the mobile phone number of a foreign mobile operator during Registration, as well as for the purposes of receiving messages/notifications provided for in this Agreement, the User assumes all risks of late receipt or non-receipt of messages by the User from the Company.
8.5 Messages sent to e-mail are considered received by the addressee at the time they are sent.
8.6 The User undertakes to notify the Company about a change in the place of residence (registration), place of stay, mobile phone number, e-mail address, other data provided by the User to the Company, about a change in the name, surname, change in the details of an identity document, change in details or deprivation of a driver's license, changing the data of a document confirming the right of a foreign citizen/stateless person to stay (residence) in the territory of Indonesia, changing citizenship, other personal data, as well as the loss of the above data by contacting the Support Service. The Company is not responsible for any consequences related to the change of the User's data specified in this clause of the Agreement, if the User did not notify the Company about the circumstances specified in this clause of the Agreement, and / or provided the Company with incorrect data.
8.7 The rights and obligations of the parties under this agreement shall be subject to the application of the law of the Republic of Indonesia.
8.8 The Companies have the right to use a facsimile reproduction of the signature of an authorized person of the Company and/or the Lessor (by means of mechanical or other copying) in any documents, including in this Agreement. The parties recognize the legal force behind such documents.
8.9 This Agreement is a public offer.
8.10 The Company and the Lessor are not responsible for the use of the Application from the User's Device by third parties, in connection with which all actions performed from the User's Device are considered the actions of the User. If any person gains access to the functionality of the Website or Application and the ability to use them on behalf of the User, the User must immediately notify the Company in writing (by e-mail) or by contacting the Support Service. Otherwise, all actions taken on behalf of the User using the Website or Application will be regarded as actions taken directly by the User.
8.11 This Agreement is drawn up in English. The Agreement is available in Bahasa Indonesia however the English version shall prevail.
9. DISPUTES RESOLUTION AND COMPETITION
9.1 All disputes and disagreements are resolved by the Parties through negotiations and in the complaint procedure. The term for consideration and response to a claim by the Party is 10 (ten) calendar days from the date of receipt. Claims from the Company and/or the Lessor may be sent by e-mail.
9.2 Any dispute arising from this agreement is subject to consideration in the courts of the Republic of Indonesia, at the location of the Company. This agreement is governed by the law of the Republic of Indonesia.
10. LESSOR AND COMPANY DETAILS
PT. ETTO LETTO GROUP
NIB: 1246000212869
Legal address: Jalan Veteran No. 84, Buduk Village/Sub-district, Mengwi District, Badung Regency, Bali Province, Post Code: 80351.
ANNEX 1 - PUBLIC LEASE AGREEMENT
PENALTY OF BREACH OF THE PUBLIC LEASE
2 Second Offense: Operation (use) of the electric scooter in a state of alcohol, narcotic or substance abuse intoxication
For the First offense (Multiplicity): IDR 1.000.000 (Total)
For the Second offense (Multiplicity): IDR 1.000.000 (Total)
Whereas, in accordance with the provisions of the law of the Republic of Indonesia, the Parties enter into this Agreement, guided by the provisions of Articles 1338 (Freedom of Contract) and 1320 (Terms of Validity of the Agreement) of the Civil Code of the Republic of Indonesia.
Whereas this Agreement creates legal obligations for You, whereby if You do not agree with any of the terms of this Agreement, you should not complete the User Registration on the Website or in the Application, if You proceed to the Rent a TS, You acknowledge that You have carefully read and understood the terms of this Agreement by renting a TS with the Company and You agree to the terms and conditions of this Agreement.
Whereas the Parties agree that this Agreement is entered into in Bali, Indonesia with the acknowledgement The Minister of Transportation of Regulation Number 45 Year 2020 Concerning Specific Vehicles Using of Electric Motor.
Whereas, in consideration of the agreement described above, the Parties collectively agree as follows:
1. TERMS AND DEFINITIONS
For purposes of this Agreement, the following terms shall have the following meanings. Any terms in the Agreement that are not defined in this section, they have the meanings that are usually given to them in the relevant industry/field.
1.1 Application means the application “COOTY” is a software application for devices, which is the intellectual property of the Company, which provides the User with the possibility of Registration / Authorization, as well as (for a registered and authorized User) the ability to search for TS available for Rent.
1.2 Authorization of the User the implementation of a certain set of actions in the Application in order to identify the registered User for subsequent use of the Service through the Application
1.3 TS means an otoped that is a vehicle on two wheels driven by pushing off the ground with the foot in a standing position and with the help of an electric motor.
1.4 Approval means the Company or Lessor will only share User's personal data with Third Parties when we have obtained User's consent to do so. The User agrees that using of this Service will constitute User's approval and sharing of personal data will be subject to this Agreement, Privacy Policy and Terms of Use.
1.5 Registration of the User means the commission by the User, who is interested in using the Application and / or the Website, and the Lessor of a certain set of actions.
1.6 Tariffs means the TS rental rate displayed on the Website and/or in the Application with a nominal value of IDR. 2,500/minute.
1.7 Service/Rent means the Service provided of hire and rental of TS through the Applicable offered and the provision of electric scooters for temporary use by the Lessor for Users registered and authorized in the Application on the terms of this Agreement.
1.8 Gender References means all articles and clauses referred to in this Agreement apply equally to both male and females Users.
1.9 Support Service means a structural subdivision of the Company that provides 24 hours a day, seven days a week, without days off and holidays, consulting support for Users, assistance to Users and informing them in the process of providing the Service by the Lessor. Support and information are provided when the User contacts the Support Service through the Application.
1.10 Permitted Territory means the territory of use of the Service is within which the use of the TS is allowed such as Special Track and/or Limited Areas, as well as the completion of the lease of the TS.
1.11 User means an individual who meets the requirements of this Agreement, who has passed the Registration / Authorization procedures and unconditionally accepted this Agreement in accordance with its requirements.
1.12 User Agreement means a binding and unconditionally accepted by the User agreement with the Company, published on the Website and / or in the Application, which determines the conditions and procedure for using the Application by the User and payment of the Tariffs.
1.13 Website means cooty.id
2. CONSENT OF THE USER TO THE AGREEMENT
2.1 The conclusion of this Agreement between the Lessor and the User is carried out by joining the User to the conditions defined and set forth in this Agreement in accordance with Article 1338 of the Civil Code of the Republic of Indonesia.
2.2 The Agreement is considered concluded (the User is considered to have acceded to the Agreement) from the date of completion of the User Registration on the Website or in the Application and acceptance by the User of the terms of the Agreement.
2.3 By concluding and entering into this Agreement, the User declares, guarantees, and confirms that he:
a. speaks English at a level sufficient to read and understand the meaning and the condition of the Agreement and all Annexes to this Agreement;
b. has read the terms of the Agreement, understood the meaning and the terms and condition of these agreements and document, agrees with their content and undertakes to comply with the requirements established by them, and also understands all the consequences of their actions to join this Agreement and further use the Service;
c. agrees to processing and transfer of personal data of the User to the Company's Affiliates, organizations or partners of the Company (any Third Party) in connection with the Service which guarantees and has signed a confidentiality agreement of Users' personal data in accordance with this Agreement and the regulation of the Republic of Indonesia;
d. provided the Company during the Registration with complete, valid and reliable data (including personal data);
e. meets all the requirements imposed on him by this Agreement, in particular, he has a helmet for making trips, he has no contraindications for driving the relevant TS, his age is at least 18 (eighteen) years, he meets the requirements of the regulation of Indonesia to a person who has the right to drive TS. These requirements for the User are not exhaustive. The Lessor has the right not to conclude this Agreement with a person who does not meet the specified requirements, as well as if the Lessor has reason to believe that the User may violate this Agreement or the User Agreement;
f. is familiar with the user manual of the TS and agree with its requirements, as well as the prohibition of using the TS for the movement of two or more persons; prohibition to hold on to the handle for accessories when the scooter is moving; In the event that the TS user is 12 (twelve) years old to 15 (fifteen) years old, the TS user must be accompanied by an adult;
g. agrees with the placement in the TS of any equipment that allows tracking and fixing the exact coordinates of the TS, as well as violations of obligations under the Agreement by the User;
h. agrees that the amount of losses inflicted on the Lessor and/or the Company as a result of violation by the User of any of its guarantees and obligations under this Agreement is determined solely by the Lessor and/or the Company and at their discretion, and conditionally agrees to reimburse the Company and the Lessor for such losses. The amounts of fines and refunds are indicated on the Website;
i. agrees that this Agreement may be modified or revoked its terms (or portions thereof) at any time at the sole discretion of the Lessor by posting the differences on the Website and undertaking to independently monitor changes relevant to this Agreement without any notification. A new version of this Agreement or any amendments shall take effect from the moment it is posted on the Website or on the Application and replace the previous version;
j. agrees to receive from the Lessor any notifications, messages, information and mailings in any format, provided that their content complies with the requirements of the current legislation of Republic of Indonesia;
k. recognizes legal force for the documents sent by the Lessor through the Website, Application as for personally signed documents, for actions performed through the Website or Application;
l. recognizes that the means of identification used by the Company are sufficient to identify the person from whom the relevant documents and actions originate;
m. In this case, the rights and obligations under this Agreement arise directly between the User and the Lessor.
2.4 When using the Service and TS, the User undertakes to comply with the requirements of the current legislation of Republic of Indonesia, including traffic rules, parking rules provided for in clause 4.2.11 of the Agreement, as well as the terms of the Agreement, use the TS with due care and conscientiousness.
2.5 Familiarization with the terms of this Agreement must be made by the User before the start of using the Service, while the text of this Agreement will be available to the User on the Company's Website and / or in the Application. The User, who has not read the terms of the Agreement in a timely manner, assumes all the risks of the adverse consequences associated with this.
3. SUBJECT OF THE CONTRACT
3.1 The Lessor undertakes, in the manner specified by the Agreement, to provide the User with the TS for temporary possession and use at his request, generated through the Application, and the User undertakes to lease the TS in accordance with the requirements (conditions) of this Agreement, and pay the Tariffs, according to the Tariffs displayed on the Website and/or in the Appendix, and duly fulfill other terms of the Agreement.
3.2 Subject to clause 3.1. of this Agreement, the rights and obligations under the TS Rental arise solely between the User and the Lessor. The Company grants the User only a limited license to access the Application, in accordance with the User Agreement. The term of use shall determine in the Application or Website at the available time and date offered.
3.3 The Lessor is responsible for the quality of the TS rental services provided by the Lessor to the User.
3.4 The Lessor is not responsible for providing compensation to the user as a result of losing the user's personal belongings when using TS so the user is reminded to be careful when carrying their personal belongings and hereby the user declares full responsibility and releases the company for the risk of loss their personal belongings during the period of TS rental.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 User rights:
4.1.1 Require the Lessor to fulfill its obligations under the Agreement.
4.1.2 Use the Service, use the rented TS only in accordance with the terms of the Agreement and the requirements of the current legislation of the Republic of Indonesia.
4.2 User Responsibilities:
4.2.1 Accept in accordance with the terms of this Agreement and carefully use the TS in strictly in accordance with this Agreement and the Annexes, instructions and recommendations of the Lessor, including the Support Service, take all possible measures to prevent damage to the TS;
4.2.2 Ensure the safety of the TS and property attached to the TS;
4.2.3 When using the TS, comply with the Rules of the Road of Republic of Indonesia and other requirements of the current legislation of Republic of Indonesia;
4.2.4 Timely, in accordance with the terms of this Agreement, make any payments provided for by the Agreement, ensure the balance of funds on a bank card in an amount sufficient to make all payments provided for by this Agreement;
4.2.5 At the end of using the TS, the User is obliged to take 1 photo of the TS and place it in the Application;
4.2.6 Take appropriate measures to protect and keep confidential the information used for Authorization in the Application and / or on the Website, including the login and password, from unauthorized use by others and immediately inform the Company of the relevant information if such use is discovered. The User bears all risks of adverse consequences associated with the absence of such a message;
4.2.7 Use the Website, the Application only for personal non-commercial purposes, not related to the implementation of entrepreneurial activities by the User;
4.2.8 Independently monitor changes in the terms of this Agreement, as well as changes in the Permitted Territory of using the Service on the Website and / or in the Application. In case of disagreement with them, the User undertakes to immediately terminate this Agreement and stop using the Service;
4.2.9 Carry with You all the necessary permits, documents (including a passport, etc.) that the User may require in accordance with the current legislation of the Republic of Indonesia when using the Service;
4.2.10 Do not use any technology and do not take any actions that may harm the interests and property of the Lessor;
4.2.11 At the end of the Service/Rent of the TS, the User must comply with the parking rules and must leave all property attached to the TS in the correct place /areas and not in the prohibited areas that shall mean without blocking the exits from the building, entry and exit from the adjacent territories and without occupying a large space on the sidewalks (permitted parking zones are indicated on the map);
4.2.12 During the period of using TS, users will periodically receive notifications regarding the amount and remaining balance for using TS;
4.2.13 If the User’s remaining balance is insufficient to continue the trip with the aim that the User can park the TS in the permitted parking zone area according to the map, the User will receive a notification again that the autodebit will be implemented immediately with a mechanism if the funds in the User’s virtual account are insufficient, then the company is authorized to debit the remaining balance from the bank card linked by the User;
4.2.14 Auto debit, as stated in point 4.2.13, which will be applicable to the rental tarif, in the amount of IDR. 50.000 (fifty thousand rupiah) and will be auto debit continuously until the User can park the TS in the permitted parking zone area according to the map, so that after User receives additional usage balance from the auto debit the User is expected to park the TS in permitted parking areas;
4.2.15 If after the User has parked the TS in the permitted parking area there is an remaining usage balance, then the remaining usage balance originating from auto debit from both the User’s virtual account and bank card will be returned to the User’s virtual account where the remaining balance can be applied to further using of the TS.
4.2.16 Using TS services means that the User agrees, complies with and accepts the provisions regarding auto debit as mentioned in points 4.2.13 and 4.2.14, if the User disagrees regarding this matter, then the User is obliged to refrain from using the service TS.
4.2.17 The User is not entitled to dispose of the TS in any way (including sublease, pledge, sell, etc.), transfer his rights under this Agreement to any third parties, and also make any improvements/deteriorations in T / C, change any technical characteristics, mount (dismantle) any equipment, devices, carry out repairs (regardless of the degree of complexity) or organize its implementation by third parties, if such actions are not agreed with the Support Service;
4.2.18 In the event of an accident due to the fault of the User or the mutual fault of the User and another (other) participant (s) of the road traffic, as well as another case of damage, unconditionally and in full compensate the damage caused to the Lessor;
4.2.19 When using the Service, in a timely manner, independently and at its own expense, ensure that the account of the mobile phone and / or other Device of the User has sufficient funds to use the mobile Internet, as well as to make incoming and outgoing calls;
4.2.20 Comply with other provisions of the current legislation of the Republic of Indonesian, the provisions of this Agreement and the requirements of the Company and the Lessor.
4.3. Lessor's rights:
4.3.1. Require the User to fulfill obligations under the Agreement;
4.3.2. The User shall connect the bank card and virtual wallet, before starting to use the Application. To start using the TS, the user must unlock the TS which is subject to a fee of IDR. 5,000 (five thousand rupiahs) and then the User can choose to buy a travel package that is provided according to the User's needs at the lowest package price of IDR. 50.000 (fifty thousand rupiah), IDR. 150.000 (one hundred and fifty thousand rupiah) up to a maximum package price of IDR. 300.000 (three hundred thousand rupiah), the User can purchase packages repeatedly and continuously according to the User's needs for using the TS, after the package purchase is successful, the User can scan qr on the TS and start the journey.
4.3.3. Determine and at any time change the procedure and rules for using the Service and using the TS in compliance with the procedure provide for in this Agreement;
4.3.4. Conduct various promotional and marketing campaigns with the placement of the terms and conditions of such promotions on the Website and / or in the Application;
4.3.5. In case of suspicions of the User’s dishonesty (in particular, suspicions of an attempt to steal the TS, the impossibility of debiting funds for the services provided or the insufficiency of such funds, etc.), block the ability to use the Service in whole or in part;
4.3.6. Assign Your rights to collect debts incurred by the User under this Agreement to any third parties, in accordance with the current legislation of Indonesian without the consent of the User, but with the notification of the User of such assignment;
4.3.7. Make outgoing calls to the User and send voice and other notification messages containing information about the status of the debt, other information related to the provision of the Service, information about changes in the terms of the Agreement (including Tariffs), about new services, news, as well as advertising messages character to the User's mobile phone number specified during Registration (or to other numbers reported by the User to the Company under the terms of this Agreement), as well as send all of the above information to the email address specified during Registration (or to another email address provided by the User to the Company on terms of this Agreement);
4.3.8. Has the right to transfer rights and obligations under this Agreement to third parties for the purpose of executing this Agreement without additional consent of the User;
4.3.9. Has other rights established by the Agreement and arising from the essence of the obligations under the Agreement;
4.3.10. The Company is not responsible and is not responsible to the User for the quality, performance and technical malfunctions of the TS provided to the User by the Lessor. All claims regarding the quality of the TS leased must be addressed by the User directly to the Lessor.
5. PAYMENT PROCEDURE
5.1 For the use of the Service, the User pays the Lessor a fee based on the rates indicated on the Website and / or in the Application.
5.2 The calculation of the cost of using the Service, which occurs at the time of the change in the Tariffs, is made on the basis of the Tariffs in force at the time of the start of the provision of the corresponding service provided by the Service. The Company has the right to round up the total amount up to whole Indonesia Rupiah when calculating.
5.3 Payments under the Agreement are made by the Company debiting funds in favor of the Lessor from the User's bank card. The Company has the right to involve agents (payment systems) in the process of accepting payments. In the event of the formation of the User's debt to the Lessor or the Company, the latter have the right to make full or partial repayment of the specified debt at the expense of funds contributed by the User as a pledge and (or) deposit.
5.4 If the User successfully completes the Registration process on the Website and / or in the Application, the User must link (enter data) his bank cards to the Application (linking someone else's card leads to blocking the User, the User has the right to link only those bank cards, the holder of which he is, if of this condition, the User at his own expense reimburses all write-offs to the actual cardholder), from which funds will be debited against the payments provided for by the Agreement. It is allowed to use bank cards only of those payment systems that are indicated on the Website and / or in the Application, with the possibility of making Internet payments. The possibility of making Internet payments is provided by the User independently through the issuing bank of the bank card. Funds against payments stipulated by the Agreement from any cards linked by the User to the Service may be debited by the Company in case of insufficient funds or impossibility of debiting from the main bank card indicated (selected) and linked by the User to the Application.
5.5 In making payments using a bank card, the User may be denied in cases provided for by law and this Agreement, in particular, in the absence of a bank card option for making Internet payments; insufficient funds on a bank card; incorrect input of bank card data; expiration of a bank card, etc.
5.6 In the event that the User fails to fulfill the payment obligations stipulated by this Agreement (including this section of the Agreement), the Company has the right to send the relevant information (including the User's personal data) to the authorized bodies to bring the User to administrative responsibility.
5.7 In case of erroneous debiting of funds from the User's bank card, the User has the right to contact the Company at support@cooty.id. The Company has the right to require the User to provide a copy of the passport and documents confirming the erroneous write-off (account statements, etc.). The Company, no later than 10 (ten) working days, considers this appeal and takes measures on it, except for cases when the User's funds were debited in accordance with the Agreement. Refunds are made to the User's bank account from which the withdrawal was made within 30 (thirty) working days, unless a longer period is established by internal banking procedures. The procedure for the return of funds is governed by the rules of international payment systems. Cash refunds are not allowed.
5.8 The data of the Users' bank cards are stored directly by the agent of the Company for the collection of payments (payment systems). Payment is made in accordance with the Rules of Indonesia payment systems, with obligation to maintaining the confidentiality and security of making a payment using methods of verification, encryption and data transmission through closed communication channels is the responsibility of the Company's agent (payment system) directly. The Company does not accept and does not consider the User's claims that have arisen in connection with the violation by the Company's agent (payment system) of the above obligations.
5.9 Bonuses credited to the User's Bonus Account must be used by the Participant within 12 (twelve) months from the date of the Bonus Accrual Procedure. The specified period is not interrupted or suspended in the event of the Bonus Recovery Procedure. If the Bonuses were not used by the Participant within 12 (twelve) months or more from the date of their accrual, the Company conducts the Bonus Cancellation Procedure. The procedure for Cancellation of Bonuses under this paragraph of the Rules is carried out monthly after the month in which the period for using the Bonuses expired.
5.10 In case of termination by the User, termination on other grounds of this Agreement, 100% (one hundred percent) of the Bonuses accumulated on the Bonus Account will be cancelled.
5.11 If the User is excluded from the Bonus Program Participants, 100% (one hundred percent) of the Bonuses accumulated on the Bonus Account will be cancelled.
6. USER CONSENT
6.1 The User agrees to the storage, processing and cross-border transfer by the Company and the Lessor of his personal data provided by him (as well as received from any third parties): full name, contact details, including (but not limited to) phone number, email address, biometric data (photos), as well as other personal data related to the conclusion and execution of the Agreement and Service, and confirms that by giving such consent, he acts of his own free will and in his own interests.
6.2 Consent to the processing of personal data is given by the User for the purposes of concluding and executing the Agreement and Service, providing additional services by the Company, participating in promotions, surveys, research conducted by the Company (including, but not limited to conducting surveys, research via electronic, telephone and cellular communications), making decisions or performing other actions that give rise to legal consequences in relation to the User or other persons, providing the User with information about the services provided by the Company, providing consulting services by the Company, including for the purpose of further conclusion by the User of contracts/agreements with other persons in order to fulfill the Agreement, and applies to all the information specified in clause 6.1 of the Agreement.
6.3 The processing of the User's personal data is carried out by the Company in the amount necessary to achieve each of the above goals, in the following possible ways: collection, recording (including on electronic media), systematization, accumulation, storage, listing, marking, clarification (updating, changing ), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction, cross-border transfer of personal data, obtaining an image by photographing, as well as performing any other actions with the User's personal data subject to the current legislation of Indonesian. Processing is carried out both with the help of automation tools and/or without the use of such tools.
6.4 The User confirms that the consent given by him to the processing of personal data is valid indefinitely from the moment they are provided by the User to the Company and / or the Lessor.
6.5 The User has the right to withdraw his consent to the processing of personal data by sending an appropriate written notice to the Company at least 60 (sixty calendar) days before the withdrawal of consent, while the User acknowledges and understands that access to the use of the Service will not be provided by the Company from the moment when the Company has lost the ability to process the User's personal data.
6.6 The User acknowledges and confirms that if it is necessary to provide personal data to a third party (including authorized state bodies) in order to achieve the above goals, as well as when third parties are involved in the performance of work (rendering services) stipulated by the Agreement, the transfer by the Company of his functions and powers to another person (assignment, including for considering the possibility of assignment and making a decision on the assignment, debt collection, etc.), the Company has the right, without obtaining additional consent from the User, to the extent necessary to disclose information about the User personally for the above actions ( including personal data) to such third parties, their agents and other persons authorized by them, as well as to provide such persons with relevant documents containing such information, in compliance with the requirements of the legislation of Indonesian. In addition, if the User violates his obligations, the Company has the right to provide the User's personal data to any organizations that unite the interests of rental companies around the world and form lists of Users who systematically violate their obligations to rental companies. The presence of the User in these lists may serve as a basis for refusal by the rental companies to provide their services.
6.7 The User acknowledges and confirms that consent to the processing of the User's personal data is considered to be given by him to any third parties, subject to appropriate changes, and any such third parties have the right to process personal data on the basis of this consent.
6.8 The User acknowledges and confirms that in the event that the Company considers issues of assignment of rights under the Agreements concluded with the User, the consent to the transfer of his personal data and data about his Agreement to third parties - potential assignees for them to resolve the issue of concluding an assignment agreement with the Company - is considered provided by the User to the Company. In case of assignment of rights under this Agreement, the Company has the right to send notifications to the User about this. The User hereby agrees to receive any notification of the assignment made by the Company in accordance with this clause of the Agreement.
6.9 The User agrees to receive advertising messages from the Company containing advertisements for goods and services sold by the Company and/or its partners and/or other third parties to the email address and mobile phone number (including accounts linked to it in WhatsApp, Viber messengers , Telegram, etc.) specified by the User during the Registration process, as well as other email addresses and mobile phone numbers (including accounts linked to them in WhatsApp, Viber, Telegram, etc.) provided by the User to the Company in accordance with this Agreement. In the event that the User applies to the Company with a request to stop the distribution of advertising messages to him, the Company undertakes to immediately stop such distribution in relation to the User who made the relevant request.
6.10 The User consents to the debiting by the Company or, on his behalf, by an agent (payment system) attracted by him of funds from his bank card to pay off any payments provided for in this Agreement and its Annexes with the notification (as a reminder without obtaining additional consent from the User), is limited to but does not include, remuneration for the provision of the Service, fines, penalties, damages, expenses and expenses of the Company and the Lessor arising in connection with one of the parties failure to perform or improper performance of the Agreement, the amount of additional insurance, the amount of the deductible, other amounts in cases provided for by the current legislation of Indonesia and as a result of the Agreement being terminated that shall be obtain prior approval.
6.11 The User agrees that the Company will record the User's contacts (conversations) with the Support Service and provide such a record to third parties.
6.12 Unless as provided in this Agreement, Privacy Policy and Terms of Use, we may disclose or share User's personal data if the Lessor notifies the User and has obtained User's Consent for such disclosure and sharing.
7. RESPONSIBILITIES OF THE PARTIES
7.1 By accepting this Agreement, the User confirms that he has fully read these conditions and understood their content, that he agrees with the Agreement. The User bears full responsibility for the damage caused to third parties, their property as a result of using the TS. If it is impossible to operate the TS, the User is obliged to immediately inform the User Support Center about this and follow the instructions of the operator. The User is solely responsible for the damage caused to the TS, both during the Permitted Use Period and outside it, if the TS was not returned in a timely manner. A description of the types of violations of this Agreement, as well as penalties for them, is determined solely by the Lessor.
7.2 Failure to return the TS in accordance with the rules of this Agreement at the end of the rental period will be considered the loss of the TS until it is discovered. In case of loss of the TS, the User undertakes to compensate for the damage in the amount of the replacement cost of the TS according to the price list. Price list: Cooty.id. If the TS is found after the end of the rental period, the User undertakes to pay the cost of failure.
7.3 In case of theft of the TS before its return, the User undertakes to immediately inform the User Support Service about it, no later than 3 (three) hours from the moment of theft of the TS. In this case, the User must apply to the police with a statement about the theft of property and obtain an appropriate certificate from the police on the initiation of a criminal case or on the refusal to initiate a criminal case. The user must provide a copy of the certificate to the Company (User Support Service).
7.4 In case of detection of the TS, the Company or the Lessor shall return to the User the funds deducted from the User's bank card account in case of loss of the TS, minus the cost of damage to the detected TS, as well as the cost of using the TS. The Lessor returns to the User the money deducted from the User's bank card account in case of loss of the TS also in the case of providing the Company (User Support Service) or the Dealer with a certificate from the police.
7.5 In the event of a traffic or other accident involving the User on the TS, the User is obliged to immediately contact the User Support Service or the Dealer. In any case, the User remains responsible for the TS until it is returned or handed over to the Lessor's representative.
7.6 In the event of harm (damage) to the TS, the User is obliged to compensate the Lessor for the damage caused in the amount determined by the Lessor. If the User disagrees with the calculation made, he has the right to apply to the Lessor to resolve disputes in the manner prescribed by this Agreement.
7.7 The user undertakes to comply with the rules of the road. In the event of an accident due to the fault of the User or the mutual fault of the User and another (other) participant (s) of the road traffic, as well as another case of damage, unconditionally and in full compensate for the damage caused. The Lessor must ensure that the TS is suitable for use before hand over to the User and the User must sign the checking form.
7.8 In the event of a traffic or other accident involving the User, the User is obliged to immediately contact the User Support Service.
7.9 In the event of a traffic or other accident involving the User, the User is obliged to immediately contact the User Support Service. In any case, the User remains responsible for the Electric Scooter until the return.
7.10 The User is solely responsible for all administrative fines imposed on the User in connection with administrative offenses committed by him when using the Application according to the Annex I.
7.11 The User guarantees that he is physically able and allow to use the TS and has sufficient experience to drive within the locations specified by the Company. The User confirms that the data entered by him during the registration of the User is true, and that the User owns the bank card indicated during the registration of the User and the funds on the account of the specified bank card are sufficient to pay for the services of using the TS and the User undertakes to replenish the account of the specified card in the amount of sufficient to pay for the services of using the TS. The User hereby authorizes the issuing bank that issued the bank card specified during the registration of the User, as well as the processing center of the bank with which the Lessor/Company has concluded an acquiring agreement and/or the payment agent of the Lessor/Company to write off funds in the amount of the costs incurred.
8. FINAL PROVISIONS
8.1 Any correspondence, telephone and other conversations that took place before the conclusion of the Agreement shall lose legal force from the moment the Agreement is concluded.
8.2 Unless otherwise expressly provided in the Agreement, from the moment of conclusion of the Agreement, the Parties recognize the legal force of e-mails, including documents attached to them, sent by e-mail (e-mail addresses specified in the Agreement and the User's e-mail addresses specified during the Registration process), agree that these documents are equivalent to documents drawn up on paper and signed with the handwritten signature of the person concerned.
8.3 From the moment the Agreement is concluded, the Parties recognize the legal force for documents, messages and actions sent and performed respectively, through the use of the Application or the Website on behalf of the User, as well as using the phone number specified by the User during Registration.
8.4 If the User is outside the territory of Indonesia or if the User indicates the mobile phone number of a foreign mobile operator during Registration, as well as for the purposes of receiving messages/notifications provided for in this Agreement, the User assumes all risks of late receipt or non-receipt of messages by the User from the Company.
8.5 Messages sent to e-mail are considered received by the addressee at the time they are sent.
8.6 The User undertakes to notify the Company about a change in the place of residence (registration), place of stay, mobile phone number, e-mail address, other data provided by the User to the Company, about a change in the name, surname, change in the details of an identity document, change in details or deprivation of a driver's license, changing the data of a document confirming the right of a foreign citizen/stateless person to stay (residence) in the territory of Indonesia, changing citizenship, other personal data, as well as the loss of the above data by contacting the Support Service. The Company is not responsible for any consequences related to the change of the User's data specified in this clause of the Agreement, if the User did not notify the Company about the circumstances specified in this clause of the Agreement, and / or provided the Company with incorrect data.
8.7 The rights and obligations of the parties under this agreement shall be subject to the application of the law of the Republic of Indonesia.
8.8 The Companies have the right to use a facsimile reproduction of the signature of an authorized person of the Company and/or the Lessor (by means of mechanical or other copying) in any documents, including in this Agreement. The parties recognize the legal force behind such documents.
8.9 This Agreement is a public offer.
8.10 The Company and the Lessor are not responsible for the use of the Application from the User's Device by third parties, in connection with which all actions performed from the User's Device are considered the actions of the User. If any person gains access to the functionality of the Website or Application and the ability to use them on behalf of the User, the User must immediately notify the Company in writing (by e-mail) or by contacting the Support Service. Otherwise, all actions taken on behalf of the User using the Website or Application will be regarded as actions taken directly by the User.
8.11 This Agreement is drawn up in English. The Agreement is available in Bahasa Indonesia however the English version shall prevail.
9. DISPUTES RESOLUTION AND COMPETITION
9.1 All disputes and disagreements are resolved by the Parties through negotiations and in the complaint procedure. The term for consideration and response to a claim by the Party is 10 (ten) calendar days from the date of receipt. Claims from the Company and/or the Lessor may be sent by e-mail.
9.2 Any dispute arising from this agreement is subject to consideration in the courts of the Republic of Indonesia, at the location of the Company. This agreement is governed by the law of the Republic of Indonesia.
10. LESSOR AND COMPANY DETAILS
PT. ETTO LETTO GROUP
NIB: 1246000212869
Legal address: Jalan Veteran No. 84, Buduk Village/Sub-district, Mengwi District, Badung Regency, Bali Province, Post Code: 80351.
ANNEX 1 - PUBLIC LEASE AGREEMENT
PENALTY OF BREACH OF THE PUBLIC LEASE
TYPES OF VIOLATION
1 First Offense: Actual operation (use) of TS by two or more persons.2 Second Offense: Operation (use) of the electric scooter in a state of alcohol, narcotic or substance abuse intoxication
APPLICABLE PENALTY
For the First offense (Multiplicity): IDR 1.000.000 (Total)
For the Second offense (Multiplicity): IDR 1.000.000 (Total)
